Segundo Morocho Morocho v. Steve Kelly, et al.

Summary

The court partially grants Segundo Morocho’s habeas petition, holding that mandatory detention under 8 U.S.C. § 1225(b)(2)(A) does not apply to a noncitizen who has lived in the United States for many years and is not seeking admission. The court concludes that detention is instead governed by 8 U.S.C. § 1226(a) and orders respondents to provide a prompt bond hearing or release the petitioner.

Holdings

1. Section 1225(b)(2)(A) applies only when an applicant for admission is also actively seeking admission into the United States. It does not authorize mandatory detention of Petitioner, who had lived in the United States for many years and was not seeking admission when apprehended.
2. Petitioner's application for cancellation of removal did not make him a person seeking admission under § 1225(b)(2)(A).
3. Because § 1226(a), rather than § 1225(b)(2)(A), governed Petitioner's detention, Petitioner was entitled to a prompt bond hearing under § 1226(a), or release if Respondents did not provide one.

Questions Presented

1. Whether 8 U.S.C. § 1225(b)(2)(A) authorizes mandatory detention of a noncitizen who entered without inspection, has lived in the United States for many years, and was apprehended while already in the country.
2. Whether Petitioner's application for cancellation of removal made him an alien seeking admission under § 1225(b)(2)(A).
3. Whether Petitioner was entitled to a bond hearing under 8 U.S.C. § 1226(a).

Disposition

writ_granted